Sandy, UT asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah

Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.(2)Criminal defamation is a class B misdemeanor.

Enacted by Chapter 196, 1973 General Session

https://le.utah.gov/xcode/Title76/Chapter9/76-9-S404.html

1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The part about your neighbors is the civil side of the issue.

Defamation claims are notoriously difficult to successfully litigate. You can get a free consultation with a local attorney to give you a better opinion on your chances. At this point, I would not get my hopes up. Apologies for being the bearer of less than happy news. I hope you resolve things with your neighbors.

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